Exam 1 Flashcards
1
Q
- Body of enforceable rules
- Relationships among individuals
- Between individuals and their govt./society as a whole
- Covers criminal laws
A
What is the Law?
2
Q
- Constitutional Law
- Statutory Law
- Administrative Law
- Case Law
A
What are the 4 Primary Sources of Law?
3
Q
- Sets forth fundamental rights of people living within the U.S. or a given state
- Describes/empowers various branches of govt.
- Sets limitations on that power
A
What is Constitutional Law?
4
Q
- Enacted by the U.S. Congress or legislature of a given state
- Also includes ordinances of a city
- Many statutory laws are in uniform codes adopted in the same form by all states
- Where do you find it? (USCA, Vernon’s)
A
What is Statutory Law?
5
Q
- Promulgated by federal, state, and local regulatory agencies
- Published weekly in Federal and Texas Register
- Where do you find it? (CFR)
A
What is Administrative Law?
6
Q
- Body of judicial decisions that interpret and enforce the different laws and rules on disputes between different parties
- Precedent (“Stare Decisis”)
- Where do you find it? (Fed./State Reporters)
A
What is Case Law?
7
Q
- The authority afforded to a prior judicial decision in deciding subsequent disputes involving the same or similar facts
A
What is Stare Decisis?
8
Q
- Recognizes the precedential value of prior judicial decisions, which provide binding authority in subsequent disputes (stare decisis)
- Found in the U.S., U.K., and most of their former colonies or possessions
- In late 11th century, courts were typically classified as either “courts of law”/”courts of equity”
A
What is Common Law?
9
Q
- Empowered only to wronged parties (usually monetary relief)
A
What are Courts of Law?
10
Q
- Empowered to award any manner of non-monetary relief
A
What is Courts of Equity?
11
Q
- The law that governs relations between people and other people
- Originated in Italy, found mostly in continental Europe, Mexico, and South America
A
What is Civil Law?
12
Q
- Creates, defines, and describes, regulates legal rights and obligations
A
What is Substantive Law?
12
Q
- Establishes the methods of enforcing the rights established by substantive law
A
What is Procedural Law?
13
Q
- The U.S. Supreme Court expressly overturned precedent in this case
- The court concluded that separate educational facilities for whites and blacks were inherently unequal
A
Case in Point 1.4 - Brown v. Board of Education of Topeka
14
Q
- Moral Principles and values applied to social behavior
A
What is Ethics?
15
Q
- A consensus of what constitutes right and wrong behavior and the application of moral principles in a business setting
A
What is Business Ethics?
16
Q
- Ethics based upon an underlying consequence of action taken, without regard to any underlying concept of duty/morality
- Sometimes referred to as “situational ethics” or “the end justifies the means”
A
What is Outcome-Based Ethics?
17
Q
- Ethics based upon an underlying concept of duty regardless of the consequences of action taken
- Generally arise from religious belief and/or philosophical reasoning
A
What is Duty-based Ethics?
18
Q
- A form of outcome-based ethics based on producing the greatest good for the greatest number of people
- Requires a cost-benefit analysis of the negative and positive effects
A
What is Utilitarianism?
19
Q
- The concept that corporations and businesses should act ethically and should be accountable to society for their actions
A
What is Corporate Responsibility?
20
Q
- Corporate directors and officers have the duty to act in shareholder’s best interest
- The law holds directors and officers to a high standard of care in performing these “fiduciary duties”
A
What are Duties to Shareholders?
21
Q
Prompt for Essay
- Employers
- Consumers
- Community
- Society as a whole
A
Corporate has duties to:
22
Q
- Prohibitions of bribery of high-ranking foreign officials
A
What is the Foreign Corrupt Practices Act?
23
Q
- Prohibitions of discrimination by U.S. companies of U.S. citizens in foreign countries
A
What is the Civil Rights Act?
24
- Amir Al-Dabagh was a medical student at Case Western Reserve University who was dismissed from the program after being convicted of driving while intoxicated
- Al-Dabagh argued that his dismissal was a breach of contract, as he had already completed all of the academic requirements for graduation
- The university argued that Al-Dabagh's DUI conviction demonstrated a lack of professionalism, which was required for graduation
- A federal district court ruled in Al-Dabagh's favor, ordering the university to award him a degree
- The federal appellate court reversed the lower court's order to issue a diploma and found nothing to indicate that Case Western had "impermissible motives"
Case in Point 3.1 - Al-Dabagh v. Case Western Reserve
25
- Restrictions on women employees in automotive battery manufacturing facility
- 5-4 decision, was ruled in violation of Civil Rights Act
What is the Johnson Controls Case?
26
- Rick Scott deposited $2 million into an escrow account managed by a company owned by Salvatore Carpanzano.
- The funds were withdrawn in breach of the escrow agreement.
- Scott filed a lawsuit against Salvatore and others, including Carmela, Salvatore's daughter.
- The only claim against Carmela was her possession of a Land Rover bought with the funds, but there was no other evidence of her involvement.
- Salvatore was unresponsive to all legal procedures and failed to appear in court.
- The court issued a judgment of over $6 million in favor of Scott.
- On appeal, the judgment against Salvatore was upheld, but the judgment against Carmela was reversed. The reason being a lack of evidence implicating Carmela in her father's misdeeds.
Case in Point 3.3 - Rick Scott
27
- Morgan Stanley Smith Barney, LLC has an internal policy against sales contests.
- Despite this, branches in Massachusetts and Rhode Island held a sales contest.
- Brokers were incentivized with up to $5,000 for selling securities-based loans (SBLs).
- Thirty financial advisers participated for nearly a year.
- The sales contest resulted in a significant increase in loans, with one branch reportedly tripling its loans.
- The contest was halted when Morgan Stanley’s compliance office became aware.
- The state of Massachusetts sued Morgan Stanley, alleging violation of state securities rules.
Case in Point 3.5 - Morgan Stanley Smith Barney, LLC
28
- Dr. Rajendra Gandhi and his wife, devout Hindus, hired Sonal Furniture and Custom Draperies, LLC, led by Shyam Garg, expecting high-quality items due to shared cultural values.
- After paying a total of $210,000, the Gandhis found the delivered furniture to be of inferior quality and damaged.
- Dr. Gandhi's demand for a refund was met with threats from Garg.
- An expert testified that the furniture was more decorative than functional, likening it to movie set props.
- The court awarded the Gandhis a full refund plus $100,000 in damages, finding Garg exploited their cultural beliefs and misrepresented the furniture quality. This decision was upheld on appeal.
Case in Point 3.6 - Ghandi v. Sonal Furniture and Custom Draperies, LLC
29
- Volkswagen (VW) executives were accused of manipulating pollution emissions tests for millions of U.S. vehicles.
- VW admitted to using “defeat device” software in diesel models that modified performance during tests to show low emissions.
- Volkswagen pled guilty to criminal charges, resulting in $2.8 billion in fines.
- VW also paid $1.5 billion to the Environmental Protection Agency, totaling a cost of nearly $15 billion, including compensations and vehicle buybacks.
- Six top VW executives faced charges including wire fraud and Clean Air Act violations. The company's short-term profit focus led to unethical actions and long-term financial consequences.
Case in Point 3.13 - Volkswagen
30
- Watson Laboratories, Inc. produces generic drugs provided to Medicaid patients in Mississippi.
- Claims for drug costs are paid to Mississippi Medicaid based on a percentage of the drug’s average wholesale price (AWP).
- For over a decade, Watson set the AWP based on requirements for a generic designation, not actual costs.
- After discovering that actual prices were lower than published AWPs, Mississippi filed a fraud lawsuit against Watson.
- The court ruled Watson caused overpayment for drugs and ordered them to pay over $30 million in penalties, damages, and interest. Watson then appealed.
Case in Point 3.2 - Watson Laboratories, Inc
31
- Takata Corporation manufactured airbags using an ammonium nitrate-based propellant without a drying agent.
- These airbags could deploy explosively, especially in certain conditions, causing the metal inflator cartridges to rupture.
-The ruptures sent metal shards into the passenger area, leading to deaths and injuries.
- Nearly 42 million vehicles with these airbags were recalled in the U.S.
- Despite knowing the defects, Takata continued production. The company faced a class-action lawsuit and later sought bankruptcy protection.
Case in Point 3.15 - Takata Corporation
32
- Before the Revolutionary War, states wanted confederation with weak national govt. and limited power
- After war ended, states voted to create a new federal govt. that shared power with states
What is the Constitutional Powers of Government?
33
- 10th Amendment
- Police powers: order, safety, morals
- Federalism
What is the Regulatory Powers of States?
34
- Each state must grant full, faith and credit to laws and acts of other states
What is the Full Faith and Credit Clause (Art. IV, Sec 1)?
35
- Citizens of each state are entitled to all privileges and immunities of citizens in other states
What is the Privileges and Immunities Clause (Art. IV, Sec 2)?
36
- Art. 1, Sec 8: Empowers congress to regulate commerce with foreign nations, and among the several states and Indian Tribes
What is the Commerce Clause?
37
- Commerce between 2+ states
What is Interstate Commerce?
38
- Commerce within a single state
What is Intrastate Commerce?
39
- Fair Labor Standards Act
- Food and Drug Laws
- Clean Air and Clean Water Acts
- Civil Rights Acts
What are Laws Based on the Commerce Clause?
40
- 1st is non-discrimination in public accommodations
- 2nd is non-discrimination in restaurants
What is Heart of Atlanta Hotel v. U.S. and Katzenbach v. McClung?
41
- The first 10 amendments to the Constitution compromise in the BOR
- Prohibits unreasonable searches and seizures of persons or property (Amend. 4)
- Guarantees the rights to due process and law and being free from self-incrimination (Amend. 5)
- Guarantees the rights to a speedy public (criminal) trial with assistance of counsel and to cross-examine witnesses (Amend. 6)
- Guarantees the right to trial by jury in both criminal and civil cases involving more than $20
- Court used 14th Amend. to incorporate the BOR to apply to states and local govt.
What is the Bill of Rights?
42
- Notice and Hearing
What is Procedural Due Process?
43
- Law must further legitimate public purpose to afford equal protection
What is Substantive Due Process?
44
- Not specifically mentioned in Constitution but made in 20th Century
- Griswold v. Connecticut in 1965 and Roe v. Wade in 1971
- Also the subject of the statutory laws:
- Family Educational Rights and Privacy Act
- HIPPA
- Qualified by "USA Patriot Act" authorizing NSA
domestic surveillance of phone calls and internet use
What is Rights to Privacy?
45
- Established by Supreme Court in Marbury v. Madison (1803)
What is Judicial Review?
46
- The power of the courts to take action
- Juris = law + diction = "to speak"
- judicial power = the authority to act
What is Personal Jurisdiction?
47
- Non-resident of a state subject to courts in other states based on minimum contacts
What are Long-Arm Statutes?
48
- "Where" is the business on the internet located?
- Location of home? Server? Of Customer?
What is Jurisdiction on the Internet?
49
- The authority of a court to hear and decide particular dispute before it
- A court's subject matter jurisdiction is usually defined in the statute/constitution creating the court
What is Subject Matter Jurisdiction?
50
- The amount in controversy
- The subject of the lawsuit
- whether the crime alleged is misdemeanor or felony
What are the Limits to a Trial Court Subject Matter?
51
- The authority of a court to hear and decide a dispute in the 1st instance
- Generally speaking, trial courts are courts of original jurisdiction, although the Supreme Court of the U.S. has original jurisdiction over a few disputes
What is Original Jurisdiction?
52
- The authority of a court to review a prior decision in the same case made by another court
What is Appellate Jurisdiction?
53
- Federal district courts have 2 types of subject matter jurisdiction
What is Federal Question Jurisdiction and Diversity Jurisdiction?
54
- Arises if a case involves a violation of U.S. Constitution, federal statute or regulation, or a treaty
What is Federal Question Jurisdiction?
55
- The amount in controversy exceeds $75K
- The lawsuit is between citizens of different states
- Citizens of a state and citizens of a foreign country
What is Diversity Jurisdiction?
56
- When 1 or more federal and state courts have subject matter over same dispute
What is Concurrent Jurisdiction?
57
- Variety of methods that seek to resolve disputes without resorting to a costly jury trial
What is Alternative Dispute Resolution (ADR)?
58
- Between parties directly, with or without attorneys
What is Negotiation?
59
- Non-binding procedure utilizing the services of a neutral 3rd party to assist negotiations
What is Mediation?
60
- A binding form of mediation utilizing either 1 person or a panel chosen by the court or agreed to by the parties (or both)
What is Arbitration?
61
- A short-form trial presented to representatives of each party which may assist the parties in evaluating their claims and/or defenses, and thereby, promote settlement
What is Mini-Trial?
62
- Short-form trial presented to a "jury" whose decision is not legally binding, but may assist the parties in evaluating their claims and/or defenses, and thereby, promote settlement
What is Summary Jury Trial?
63
- American and English court systems follow the adversarial system of justice
- Each client is represented by an attorney although a client can represent themselves ("pro-se")
What is the Trial of a Civil Case?
64
- Written documents that inform each of the parties of one another's claims and defenses and specify issues involved in the lawsuit
What are Pleadings?
65
- Sets forth claims asserted by the plaintiff
What is the Plaintiff's Complaint/Petition?
66
- Responds to the claims set forth by plaintiff
- Asserts affirmative defenses
- Asserts counterclaims
- If defendant doesn't answer within the deadline, the plaintiff may seek a default judgement
What is the Defendant's Answer?
67
- Each party has the opportunity to find out everything they want to know about the other party's claims
What is Discovery?
68
- Written requests for documents relevant to the lawsuit (must include electronic records)
What are Requests for Production?
69
- Narrow down what is in dispute (admit/deny format)
- "Admit that you drove down Nile Dr. on 9/12/23
What are Requests for Admissions?
70
- Written questions to the subject matter of the lawsuit which must be answered under oath
What are Interrogatories?
71
- Testimony under oath recorded by court reporter and often by videotape taken prior to trial
What are Depositions?
72
- A motion requesting the court to enter judgment based on the pleadings and discovery date.
- Granted only if there are no material fact issues in dispute or "questions of fact"
What is Motion for Summary?
73
- A motion requesting the court to dismiss the case such as for failure to state a claim for which relief can be granted, or as a sanction for discovery
What is Motion to Dismiss?
74
- Trial judge decides all questions of fact and law
What is a Bench Trial?
75
- Trial judges decides all questions of law, but jury decides questions of fact
What is a Jury Trial?
76
- The process in which attorneys question jurors to determine whether they should be on jury or not
What is Jury Selection (Voire Dire)?
77
- The plaintiff gets to begin
- The defendant may proceed next or wait until prior defendant's case
- Plaintiff conducts direct examination of each witness
- Defendant may cross-examine each witness
- Plaintiff "rests"
What are the Plaintiff's Opening Statements?
78
- Defendant calls its first witness after completion of plaintiff's case
- Defendant conducts direct examination of each
- Plaintiff may cross-examine each witness
- Defendant "rests"
What are the Defendant's Opening Statements?
79
- Any jury trial, a motion for the judge to take the decision out of the jury’s hand, and direct a verdict for the moving party because the other party has failed to provide sufficient evidence to prevail on its claims
What is a Motion for Directed Verdict?
80
- Plaintiff has right to open and close
- Equal time given to each party
- Verdict by jury, (if a trial)
What are Closing Arguments?
81
- In jury trial, the judge will grant judgment based on jury’s verdict
- In absence of jury, the judge simply grants the judgment on their own
- Judgment, notwithstanding the verdict
Known as judgment N.O.V. for judgment, non obstante verdicto
- Motion for the court to enter judgment contradictory to the jury verdict
- Based on reasonable minds, cannot differ concept
What is Judgement?
82
- Ask an appellate court with jurisdiction over the trial court to review and set aside the trial court judgment
What is Appeal?
83
- A transcript of the pleadings, motions, hearings, and trial before the trial court
- A brief outline of the legal arguments, supporting the appellate request to set aside the judgment
What is Filed with the Appellate Court?
84
- Have a witness stand
- Have a jury box
- Hear any new testimony
- Admit any new evidence
What do Appellate Courts not do?
85
- Affirm the trial court judgment
- Reverse the trial court judgment based on "reversible error" and remand the case for further proceedings in the trial court
- Reverse the trial court judgment based on reversible error and render a new judgment with any need for further proceedings by the trial court
What are Possible Appellate Rulings?
86
- Getting a judgment doesn’t require equal success
- Must get rid of execution
- Must find available assets
What is Enforcement?
87
- Can you find the defendant
- Does the defendant have money?
What are 2 Most Important Considerations in Enforcement?
88
- A civil wrong not arising from a breach of contract or other agreement
- A breach of legal duty that proximately causes harm or injury to another
What is a Tort?
89
- A tort is a civil wrong, punishable by compensating or paying damages to the injured party
- it’s not criminal wrong, punishable by paying a fine to the government and/or being in prison
What is the Difference between Civil and Criminal Wrongs?
90
- "Beyond a reasonable doubt" for crimes
- "Preponderance of evidence" for torts
What is the Difference of the Burden of Proof?
91
- Wrongful act
- Proximate cause
- Cause and effect relationships
- Unforeseeable, improbable consequence of the act or omission
- Damages
What are the Elements of a Tort?
92
- Cause and effect relationship
- Foreseeable and probable consequence of the act or omission
What are Proximate Causes?
93
- Tort law recognizes two categories of damages: compensatory and punitive damages
What are Damages?
94
- Designed to reimburse the plaintiff for the actual value of the plaintiff's injury or loss
What are Compensatory Damages?
95
- Designed to punish the tortfeasor for particularly egregious conduct, and to deter similar conduct in the future
What are Punitive Damages?
96
- A tort, intentionally, or knowingly committed
What are Intentional Torts?
97
- A person committing torts must intend to commit to act:
- "he intended the consequences of his act
- "he knew with substantial certainty that certain consequences would result
What is a Tortfeasor?
98
- Intentional act that creates a reasonable apprehension of immediate harmful offensive contact
- Example: pointing a gun at someone
What is Assault?
99
- An intentional and harmful or offensive contact
- Example: firing the gun
What is Battery?
100
- Intentional, confinement/restraint of another person's activities without justification
- Through the use of physical barriers, restraint, or force
What is False imprisonment?
101
- Intentional act that amounts to extreme and outrageous conduct, resulting in severe emotional distress to another
What is Infliction of Emotional Distress?
102
- Anything published or publicly spoken, ruining someone’s reputation
What is Defamation?
103
- Defamation in written form
What is Libel?
104
- Defamation in oral form
What is Slander?
105
- Normally an absolute defense against any claim of defamation
What is Truth?
106
- 4 acts that qualify as infringing on others privacy: appropriation, intrusion, public disclosure, and publication of info
What is Invasion of Privacy?
107
- the use of persons name/likeness without permission
What is Appropriation?
108
- an individual's affairs with a person has a reasonable expectation of privacy
What is Intrusion?
109
- private facts that an ordinary person would find objectionable
What is Public Disclosure?
110
- Info that places a person in false light
What is Publication of Info?
111
Actionable fraud consists of the following elements:
- A misstatement of material fact
- Made knowingly or with reckless disregard for the truth
- With the intention to deceive another
- On which a reasonable person would justifiably rely on their detriments
What is Fraudulent Misrepresentation?
112
- An intentional interference within contractual or other business relation
What is Wrongful (Tortious) Interferences?
113
- Four basic principles
Duty of care to act as a reasonable person under similar circumstances
Breach of duty
Proximate cause
Of damages to the plaintiff
What is Negligence?
114
- Landowners owe a duty, even to trespassers, not to intentionally, or recklessly cause them harm
What are Duties to Trespassers?
115
- Social guests and other persons, not on the premises for business
- Landowners are obligated to warn of known dangers
What are Duties to Licensees?
116
- A person who is explicitly, or implicitly, invited onto premises for business, retail, and other establishments
- Landowners are obligated to warn of known dangers, and those dangers they should know about
What are Duties to Invitees?
117
- Any negligence on the part of the plaintiff that contributed in any way to the injury, is an absolute ban to the recovery of damages?
- It doesn’t matter how significant the plaintiff's own negligence is compared to the defendant
What is Contributory Negligence?
118
- Once it is established that fault of both parties caused the damages, the court must appropriation fault among the parties on:
- a % basis
- Adopted in some form in all states
- Statutory variation of the common law
- Over 50% "no recovery" rule in TX and other states
What is Comparative Fault?
119
- Imposed also on manufactures, contributors, and sellers of any "defective" products
What is Strict Product Liability?
120
- Product must be defective (no negligence needs to be shown)
- Defendant must be seller/distributor
- Defect must be proximate cause of injury
- Plaintiff must have suffered physical harm or damages
What are the Strict Product Liability Elements?
121
- Modification of product
- 2 years statute limitations (most states) from discovery of defect
- Overall limit under statute of repose may be 10-12 years
What are the Strict Product Liability Defenses?
122
- Property resulting from intellectual, creative processes — the products of an individual mind
- Laws, protecting patents, trademarks, copyright are designed, explicitly, to protect, nurture, and reward inventive and artistic creativity
What is Intellectual Property?
123
- distinctive mark, motto, or device, that manufacturer stamps, print, or otherwise a fixes to good that they can be identified
- Federal laws protects against infringement, as well as dilution
- Can register Mark with USPTO
- Various marks have been protected: Coca-Cola, the greatest show on Earth
- Other items have lost protection, due to becoming generic terms: aspirin, thermos, escalator
- Trade dress is also protected: distinctive, decor, or trim, shape/style of item
What are Trademarks?
124
- inventors exclusive, right to make, use, or sell their invention for a period of time
- Obtained for a product, process, or design
Inventor must convince the US PTO, that is genuine, novel, useful, and not obvious in light of current technology
- Patent holder can grant people permission to use it, typically will get royalties on sales
What is a Patent?
125
- The exclusive right of an author, to publish, print, or sell a product of their intellect for a certain period of time
- Grant it’s holder, the same monopolistic control over their creation as a patent trademark
- Maybe registered with US copyright office
What are Copyrights?
126
- Federal copyright law provides a statutory defense to a claim of copyright, infringement, criticism, commentary, news, reporting, teaching, scholarships, or research
What is the Fair Use Doctrine?
127
- Software code is deemed a literary work
- Court generally do protect the look and feel of various programs
- Authorization publish hard copy of article doesn’t automatically allow publication on CDROM
What is Copyright in terms of Tech?
128
- Info/process that gives a person/business and advantage
- Example: formula for Coke/Pepsi, customer, lists, pricing info, marketers, techniques, research and development, production methods, etc.
- Trade secret protection is almost exclusively a matter of the coming law
What are Trade Secrets?
129
- Unsolicited "junk" emails with ads, solicitation, and other messages
- Federal CAN-SPAM Act allows spam, but prohibits fast advertising
- State regulation of spam: 36 states have regulation requiring an opt out for summer for email ads
- Cybersquating: prohibited in use of domain names in violation of trademark laws
What are the Internet Laws?
130
- Does infringement occur if FB users post copyright material
Is there a fair used to exception?
- Discovery in litigation is almost always inches social media content,
criminal investigations,
administrative agencies,
Employers social media policies
If employee violates company policy on social media during work, the employee may be disciplined
What are the Laws on Social Media?
131
- A wrong committed a felony or misdemeanor
Felony: murder, rape, robbery that carries
Misdemeanor: lesser crime, punishable by up to a year
What are Crimes?
132
- Performance of a prohibited act (Actus rea)
- Culpable mental state (Mens rea)
What are Elements of a Crime?
133
- Murder: first-degree killed and thought about it for weeks
- Voluntary manslaughter: second-degree, impulsive
- Involuntary manslaughter: 3rd degree, recklessly kill them
- Negligent homicide: misdemeanor accident can/can’t be crime
What is Homicide?
134
- Theft, taking some thing when the other person isn’t there
What is Larcency?
135
- Taking some thing from some ones person
What is Robbery?
136
- Unlawful entry with intent to commit theft/felony
What is Burglary?
137
- Taking someone’s funds after being entrusted with them
What is Embezzlement?
138
- Mailing to be used to defraud or scheme to defraud
What is Mail and Wire Fraud?
139
- Giving something of value to influence someone to create private game, usually public official
What is Bribery?
140
- kids seven and under lack the mental capacity
- Older kids are subject to the juvenile laws
What are Laws about Minors?
141
- Due to mental disease or defect
- Person can’t appreciate difference between right and wrong
- Confirm their conduct to the requirements of the law
What are the Laws on Insanity?
142
- Defending yourself
- Deadly force: only in cases were there is a reasonable belief that serious bodily injury could occur
- Entrapment: generally requires that the official both suggest the wrongful act, and then induced the accused to admit it
What are Laws on Justifiable uses Force/self-defense?
143
- This amendment provides protection from unreasonable, searches and seizures, and requires that a search or arrest warrant shout issue only upon probable cause
What does the 4th Amendment say?
144
- Due process of the law
- Protects against double-jeopardy
- Prohibits self incrimination
What does the 5th Amendment Guarantee?
145
- Speedy trial, trial by jury, public trial
- Confronting witnesses and counsel
What does the 6th Amendment Guarantee?
146
- Exclusionary rule
- Any evidence obtained in violation of the accused fourth, fifth, or sixth amendment rights
- Any derived from illegally obtained evidence
How are Rights Protected?
147
- Individuals who are arrested be informed of certain constitutional rights, including their right to remain silent, i.e. not to incriminate themselves, and their right to counsel
What is the Miranda Rule?
148
- Must be made upon probable cause — substantial likelihood that the person has committed, or is about to commit a crime — if, after the fact, it must be pursued by warrant
What are the Laws on Arrest?
149
- Felony case = indictment
- Must be formally charged with having committed one or more specific crimes before they may be brought to trial
What are the Laws on Indictment?
150
- Advising the accused of the charges in determining the plea of guilty, or not guilty
What are Laws on Arraignment?
151
- State required to disclose everything good and bad and file
- Accused isn’t required to testify
- Innocent until proven guilty
What is Trial?
152
- Any wrongful act directed against or abusing of computers
What is Cybercrime?
153
- Misrepresentation knowingly made over Internet
What is Cyber Fraud?
